Det nya gränslösa arbetet - en risk för arbetsmiljön eller framtidens flexibla arbetssätt? - En arbetsrättslig analys av riskerna i arbetsmiljön kring arbete hemifrån

Sammanfattning: During the last couple of years, teleworking in Sweden have increased to a large extent, especially considering the COVID-19 pandemic. The way of working that the flexible work life entails, means that more types of work can be carried out without temporal, spatial or organizational limits. Teleworking have opened a new world for flexibility in the work life, but at the same time it has entailed risks for the employees' work environment. This essay examines how employers can ensure that employees have a good work environment when they telework, and what kind of need there is for regulatory development in Sweden linked to the work environment and teleworking. The purpose of this thesis is to investigate the risks that comes with teleworking for the work environment, what employers from their work environment responsibility can do to secure the work environment for their employees and what kind of need there is for regulatory development in Sweden linked to the work environment. In this thesis, both the legal dogmatic method and the legal sociology method has been used. The analysis discusses that the employer can increase its social support to the employees, limit the flexible working life, such as the extent of telework, and equip as well as train the employees in work environment. All these efforts that can be made by the employer can be linked to possible regulatory development. Conclusions that are drawn in this thesis are that both at EU and Swedish national level, there is room for regulatory development, where Sweden could benefit through further implementation of the European framework agreement for telework and to ratify the ILO Convention No. 177 (1996). Furthermore, there is also room for the Swedish legislation to review the regulations on integrity, as the flexible way of working affects the employer's ability to control and insight in how employees work; the employer's desire to monitor the employees have a good working environment can, based on the current regulation on integrity in the Swedish legislation, be considered an infringement of integrity. With the increasing teleworking, there is there for a need to review not only the legislation that is linked to teleworkers and their work environment, but also other legislation that equals on the flexible way of working.